Thank you for using the BookLilliCares, LLC Platform (referred to as BookLilli  throughout Terms and Conditions). These Terms and Conditions (“Terms”) are a legal  agreement between you and BookLilliCares, LLC (“BookLilli”, “we” or “us”) and govern  your access to and use of the BookLilli Site and/or the BookLilli Services/Platform (as  defined below). 

Please read these Terms before using the Site or the Services/Platform. By using  the Site or the Services/Platform, or by clicking to accept or agree to the Terms  when this option is made available to you, you hereby represent, warrant,  understand, agree to and accept these Terms in their entirety whether or not you  register as a user of the Site or Services/Platform. 

If you object to anything in these Terms or the Privacy Policy, you must not access or  use the Site or the Services/Platform.  

BookLilli reserves the right, at its reasonable and sole discretion, to modify or replace  these Terms at any time. The most current version of these Terms will be accessible  through the Site or the Platform. You shall be responsible for reviewing and becoming  familiar with any such modifications. If a revision to the Terms, in our sole discretion, is  material, we will notify you by contacting you either through the email address  associated with your Account or another messaging system you have associated with  your Account. Use of the Platform by you after any modification to the Terms constitutes  your acceptance of the Terms as modified. 

For purposes of these Terms, the “Site” shall mean www.booklilli.com, app.booklilli.com,  any agency hosted under the booklilli.com domain, and any other websites, web pages,  mobile applications and mobile websites operated by BookLilli in the United States, and  

the “Services” or “Platform” shall mean any of the various services that BookLilli  provides through the Site. 

 

SCOPE OF SERVICES 

The purpose of the BookLilli platform is to enable parents to make easy, efficient  bookings with agency sourced caregivers. Caregivers are registered with and clients of  nanny agencies, not the BookLilli platform. Parents are registered with and clients of  the BookLilli platform. “Family/Parent User” and sometimes referred generally as “User”;  “Caregiver User” and sometimes referred generally as “User” ; “Agency User” and  sometimes referred to as “User.”  

LIMITATIONS OF OUR SERVICES 

Although parents may find agency sourced caregivers through BookLilli, our  Services/Platform solely provides a booking and schedule viewing tool for parents and  caregivers affiliated with an Agency User and does not screen or vet any person who  elects to use our Services/Platform. BookLilli does not provide babysitting or other  childcare services. BookLilli does not make any representations about the quality of  services provided by Agency User’s, or about your interactions with the other uses of  the Platform. BookLilli makes no guarantees as to the Caregiver User’s suitability as a  care provider. BookLilli is not responsible for how Parent Users, Caregiver Users, or  Agency Users interpret, utilize, or practice based on the free or paid materials provided.  BookLilli does not employ, recommend, endorse, screen, perform background checks,  train, or otherwise vet the Caregiver User. And, to the maximum extent permitted by  applicable law, we will not be responsible or liable for the performance or conduct of  Agency User or Caregiver User, whether online or offline. We request Agency Users ensure Caregiver Users meet minimum standards related to background checks,  relevant experience, certain experience certifications (“Qualifying Criteria”), but we do  not otherwise screen Caregiver Users. BookLilli does not maintain any documents or  records regarding Qualifying Criteria. BookLilli cannot guarantee the accuracy,  completeness or usefulness of information submitted by Agency Users or Caregiver  Users. You should exercise caution and use independent judgment before engaging a  Caregiver User or otherwise interacting with users via the Platform. Parent Users are 

solely responsible for making decisions that are in the best interests of themselves and  their children. BookLilli does not endorse, have any control over, or make any  representations regarding the quality, accuracy, completeness or reliability of, and will  not have any liability for, the information provided by the Agency User or Caregiver  User. Any inaccuracies or disputes regarding information provided by Agency User or  Caregiver User must be addressed with the Agency User, not BookLilli. 

Agency Users are not partners, agents, joint venturers, or legal representatives of  BookLilli. BookLilli is not responsible for an Agency User’s compliance with any  licensing or registration laws, employment laws, or any other federal, state or local law  that may be applicable to it. 

The information published on a Caregiver User’s profile or shared by the Parent User in  the booking process is not reviewed or confirmed by BookLilli. Likewise, BookLilli does  not review or regulate reviews on Caregiver Users profiles. BookLilli makes no  warranties as to the accuracy or completeness of any information on Caregiver User’s  profile or reviews. Any Caregiver-related issues or complaints should be directly  addressed with the Agency User sourcing the caregiver. Any Pricing, Subscription, or Fee-related issues should be directed to BookLilli customer service:  [email protected] 

Agency and Caregiver Requirements 

To source the BookLilli platform with caregivers an agency must meet certain  requirements, including but not limited to, being a licensed and insurance agency, been  in business for at least one (1) year, and agreeing to maintaining screening  requirements of any caregiver listed on the BookLilli platform. These screening  requirements include, but are not limited to, the following: caregivers must be at least  eighteen (18) years old, have at least one (1) year of relevant experience, and reliable  transportation; the agency must maintain up-to-date background checks and reference  screenings for caregivers, must be able to confirm appropriate matching categories so 

that parents are matched with caregivers with relevant experience, and other robust  qualifications agencies typically require of caregivers. Agencies may have additional  qualifications for its caregivers. For a comprehensive understanding of screening  processes and procedures according to each Agency User sourcing a caregiver please  refer to the Agency User’s website (linked below) or contact the Agency User through  contact information provided on its website. 

By using this Site and Platform, you understand and agree that the Platform does not  provide childcare services, and is not a childcare marketplace, an agency, or matching  service of any kind. BookLilli provides a technology platform for Agency users to provide  to parents and caregivers to share schedules and book with individuals of their own  choosing. 

BookLilli is not in control of the individual caregivers or parents, their performance,  responsiveness, or their personal methodologies. BookLilli does not assume  responsibility for human resources, matching elements, labor law and/or direct  payments to caregivers. Users are solely responsible for complying with any labor,  employment, or other laws related to caregiver services. Family/Parent and Caregivers  Users are encouraged to independently reference and abide by all employment, tax  requirements and IRS thresholds for working with household employees:  https://www.irs.gov/taxtopics/tc756 BookLilli does not evaluate or enforce these rules. 

Agencies, parents and caregivers are responsible for outlining all work-related activities,  payment for actual hours worked, and work performance-related activities (including but  not limited to driving with children, medication administration, communicating and  feedback, etc.) on a private basis that is unrelated to the participation in the BookLilli  booking platform.  

BookLilli cannot be and is not responsible for ensuring those caregiver services are  actually provided or are up to a certain standard of quality. 

Policies on workflow, cancellation, payment and other disputes.

Workflow. BookLilli is a web-based, SMS (text message) based booking technology.  BookLilli is not an on-demand platform. BookLilli provides access and potential  bookings with agency vetted caregivers. Family Users find qualified, agency sourced  caregivers through booklilli.com, Family Users create an account, indicate their location,  and then make booking requests that are evenly distributed through BookLilli  technology to participating, qualified agencies in that location. Caregivers affiliated with  participating agencies will have a period of time to directly accept or decline bookings.  Booking requests stay open until they are filled. If a caregiver cancels a booking the  BookLilli system automatically works to refill it. All caregivers on the platform are linked  with an agency and some caregivers may be linked with several agencies. The  referring agency’s logo and information will be presented to the Family User when a  booking is accepted by a caregiver and the referring agency, the caregiver, and the  family will all be included in one follow up text message thread for ongoing  communication. Agencies will be able to monitor all booking, User Family information,  and SMS activities through their dashboards and may intervene as necessary. Parents  will have the opportunity to favorite caregivers and make repeat bookings with favorites.  

Fees. BookLilli sells and controls all parent subscription, pricing, and booking fees.  BookLilli also consults with local nanny agencies to determine fair market rate ranges  and provide guidance to parents to offer competitive rates. Caregivers do not enter  desired rates; BookLilli sets rate ranges and rules based on consultation with local  agencies. BookLilli has set a minimum 3 hour rate for parents to request bookings.  

Cancellation. Referring Agencies shall ensure that caregivers are encouraged to only  accept bookings they feel they can fulfill in good faith to keep cancelation rates low.  There is no requirement for caregivers to take jobs they are offered on the Platform.  Caregivers and Family Users are asked to provide feedback on bookings. Caregivers  and Family Users will be encouraged to connect through the direct phone number  supplied for families who bookings have been fulfilled with. 

Payments to Caregivers. Caregivers are paid their hourly rate directly from  Family/Parent users after each shift by the caregiver’s preferred method (including but  not limited to Venmo, PayPal, cash, Stripe, check, etc.). If a parent / family refuses to  pay a caregiver after their designated shift as required in the Terms, Agency shall  immediately notify BookLilli. BookLilli will investigate the incident with Family/Parent,  Caregiver, and Agency Users within 24 hours and report back to the referring agency  and caregiver. If BookLilli, in it’s sole discretion, determines that an unpaid caregiver  successfully completed the booking, the Family/Parent Users Stripe card on file will be  charged and directed to the caregiver's Stripe account for the full hours and rate  indicated on the booking in question. BookLilli serves exclusively as the payment  intermediary and additional processing fees may apply. Family/Parent Users may be  removed from the platform without refund or notice for lack of caregiver payment reports  confirmed to the best of BookLilli's ability.  

If a Family/Parent User cancels a booking under 24 hours before the booking is to take  place they will automatically be charged a flat $90 fee from their Stripe card on file  which will connect directly with the scheduled caregiver’s Stripe account.  

Disputes. BookLilli is not a party to the employment or service agreement between  caregivers and families and does not guarantee the performance, conduct, or payment  obligations of either party. Agencies are responsible for managing caregivers and  bookings with families. In the event of a dispute between a caregiver and a parent  (including but not limited to issues related to scheduling, performance, or payment), the  parties are encouraged to resolve the matter amicably and directly. However, BookLilli  plays a supportive, proactive role in disputes that cannot be resolved between the  parties. In that care, BookLilli will offer limited assistance to facilitate communication or  resolution, but has no obligation to mediate, arbitrate, or otherwise intervene in  disputes. If there is an issue with a caregiver the Family will report it to the referring  agency in a timely manner. BookLilli shall not be liable for any damages, losses, or  claims arising from disputes between caregivers and families.

Notwithstanding the foregoing, BookLilli reserves the right, in its sole discretion and  without prior notice, to suspend (sandbox) or permanently remove any user from the  Platform if it determines such action is appropriate based on the nature of the dispute,  any violation of Platform policies, or for any other reason deemed necessary to maintain  the integrity and safety of the Platform. 

USER RESPONSIBILITY 

It is the Parent User’s sole responsibility to fully assess candidates for potential  employment opportunities, including but not limited to interviewing, vetting,  performing background and reference checks, and verifying information.  Likewise, Caregiver Users are solely responsible to assess who they choose to share  their User Link with and who they work with. Caregiver Users are supported by the  BookLilli platform in rejecting or cancelling any booking in which they feel their safety  and comfort may be compromised. There is no penalty, monetary or otherwise, for  caregivers who cancel bookings.  

The BookLilli platform is not responsible for the nature of communication between Users  when using the platform. Participating Users will conduct their own safety assessments  and engage only with whom they choose to.  

Eligibility 

By requesting to use, registering to use and/or using the Site or the Services, you  represent and warrant that you have the authority and capacity to enter into these  Terms. By registering for the Platform, you state that you are at least 18 years of age,  and you are responsible for ensuring that all platform Users are at least 18 years old. 

Platform Registration 

To use the Platform, Users will be required to register and pay the associated fee for the  Platform. When registering for the Platform, you are responsible for providing accurate,  current and complete information in connection with registration for the Platform. For so 

long as you use the account, you agree to provide true, accurate, current, and complete  information that can be accomplished by logging into your account and making relevant  changes directly. You are responsible for complying with these Terms when you access  this Site.  

User Content 

The content that Users post and share in the Platform is referred to in these Terms as  “User Content.” User Content may include the User’s Link, messages and replies, and  multimedia, as well as information that identifies you, such as your name, contact  information, and your picture. 

Users are solely responsible for User Content. BookLilli is not under any obligation to  screen or monitor User Content. However, BookLilli reserves the right to review User  Content in BookLilli’s sole discretion to ensure compliance with these Terms and  applicable laws, and to take any action BookLilli deems necessary, without notice, in  response to a User’s violation of these Terms, including removing User Content,  suspending or terminating a User’s account, and taking any appropriate legal action. No  delay by BookLilli in exercising or failure to exercise any part of these Terms will  operate or be construed as a waiver thereof. 

You control the visibility of your User Content through the User Link. User Content  becomes visible to anyone that has access to User’s Link. You share your User Link at  your own risk. Do not include any information in your User Content that is confidential,  proprietary, sensitive, or private, or that violates any law. BookLilli is not responsible for  any use or misuse by any third party of your User Content or User Link. 

You have the right, and hereby grant, to BookLilli, its Affiliates, licensees and  successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable,  worldwide license to use, copy, perform, display, reproduce, adapt, modify and  distribute your User Content and to prepare derivative works of, or incorporate into other  works, such User Content, and to grant and authorize sublicenses of the foregoing.

Referral through the platform 

BookLilli provides Agency referrals to provide Users access to the Agency caregiver  network within the Platform (“agency referral services”). Agency referral services are  provided solely for the User’s convenience and BookLilli provides the technology to link  Users with caregivers from the agency referral services. Users will have the option to  opt-in for the agency referral services, if available, through the Platform. Agency referral  services are entirely optional. You understand and agree that such agency referral  services are not provided by BookLilli, and BookLilli does not control or endorse and  does not make any representations or warranties regarding such agencies, the services  they provide, or the suitability, reliability, timeliness, or accuracy of the services  provided by caregivers identified by the agency referral services. There is no  guarantee that by using the agency referral services that a caregiver will be identified or  secured. It is Users sole responsibility to vet, screen, perform background checks,  or any other action necessary to confirm suitability of caregivers identified by the  agency referral services.  

YOU UNDERSTAND AND AGREE THAT USE OF SUCH AGENCY REFERRAL  SERVICE AND CONTENT IS AT YOUR OWN RISK. BookLilli IS NOT  RESPONSIBLE OR LIABLE IN ANY MANNER FOR THE AGENCIES’ SERVICES,  OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT THEREOF, AND  BookLilli EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY RELEASE  BookLilli FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS,  LIABILITIES, AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED  TO THE AGENCIES’ SERVICES. 

License 

Subject to your compliance with these Terms, we grant you a limited, non-exclusive,  non-sublicensable, non-transferable, and revocable right to access and use the Site and  Platform only for your own internal use, and only in a manner that complies with these 

Terms and all legal requirements that apply to you or your use of the Site and Services.  BookLilli may revoke this license at any time, in its sole discretion. 

Fees, Termination, and Refunds 

You agree to pay all applicable fees related to your use of Platform which are provided  (www.BookLilli.com; app.booklilli.com). By providing a payment method, you expressly  authorize us to charge the applicable fees on said payment method as well as taxes  and other charges incurred thereto at regular intervals, which vary depending on  whether your subscription is yearly or monthly. To the extent you elect to purchase  services we may offer for a non-recurring fee, you expressly authorize us to charge the  applicable fees on said payment method as well as taxes and other charges for the  services you purchase. You agree that if we already have your credit card on file as a  result of prior purchases, we may charge that credit card for the additional services your  purchase.  

Access to certain services and features of the Platform require paid subscriptions (“Paid  Subscription”) and “Booking Fees”. Upon registration for a Paid Subscription and/or Booking Fees, you agree to pay BookLilli the applicable membership fees at the prices  then in effect. BookLilli reserves the right to establish or change fees for any or all  services or goods obtained through the use of the Site and/or Services at any  time. BookLilli will use reasonable efforts to inform you of such fees, but you will be  responsible for all fees incurred under your account regardless of your specific  awareness of those fees. 

BookLilli reserves the right to correct any payment errors even if it has already  requested and/or received payment. 

Payment mechanisms are provided by a third party (Stripe). User agrees that BookLilli  will have no liability to you arising out of the acts or omissions of such third parties.

BY REGISTERING FOR THE PLATFORM, YOU CONSENT TO ALLOW BookLilli TO  CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS  PAYMENT PROCESSORS (STRIPE), FOR THE AMOUNTS DUE FOR YOUR INITIAL  SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL  YOUR ACCOUNT IS CANCELED OR TERMINATED. 

Services will automatically renew for the same subscription period unless you cancel  the account by the end of then-current subscription period. Subscriptions can be  canceled any time through clicking Billing link inside the Platform dashboard. Please be  aware that after YOU CANCEL your subscription, you may not be able to use or access  the Platform. You will not be entitled to any refund of fees that you have paid. 

Users will be provided with a booking portal through the BookLilli webapp and SMS based booking feature. Users will manage their Subscriptions under Billing  

Refunds 

Except as set forth in these Terms or as described on the Site at the time you make a  purchase, all payments for subscriptions, services or products made on or through the  Site or Services are non-refundable, and there are no refunds or credits for unused or  

partially used subscriptions, services or products, even if you close your account or  cancel your membership, subscription, service, or product in the middle of a term. 

Moreover, you understand and agree that if BookLilli terminates your account or cancels  a membership, subscription, feature, product or service you have purchased based on  our determination (which we may make in our sole discretion), that you (i) are not  eligible to use the Services, (ii) have violated any terms stated herein, (iii) are not  suitable for participation on the Platform, (iv) have misrepresented yourself or your  identity, or (v) have misused or misappropriated Site content, you will not be entitled to  a refund of all or any unused portion of your purchase.

Cancellation Policy 

If a Family/Parent User cancels a booking under 24 hours before the booking is to take  place they will automatically be charged a flat $90 fee. BookLilli serves exclusively as the payment intermediary to transfer cancellation fees from the parent Stripe account to  the caregiver Stripe account; there will be a small business fee for the Family user in  addition to the cancellation fee. There will be no refunding subscription or individual  bookings for Family/Parent User cancellations.  

In the event a caregiver cancels a booking, the BookLilli automated system will  immediately search for new caregivers to fill the appointment. If BookLilli is unable to fill  a booking(s) there will be no charges paid by BookLilli to the family/parent user.  Parent/Family users will receive matching booking credits issued in the event of a  caregiver cancellation.  

Termination from the platform 

BookLilli, in its sole discretion, has the right to determine who is allowed to participate  on the Platform and can terminate a referring agency or member from the platform at  any time. BookLilli may choose not to provide services to any family that exhibits  behavior deemed inappropriate, abusive, disrespectful, or threatening to others, disrupts  our operations, or fails to adhere to our established policies and procedures.  

The following is a basic Code of Conduct for all BookLilli Platform Participants.  By using the Services/Platform, you agree to the following 

1.  Code of Conduct: All parents and parents will treat one another with courtesy and  engage in respectful dialogue and behaviors on the BookLilli platform. When  care is delivered in a home or other authorized setting, it is the family's  responsibility to ensure the environment is clean, safe, and conducive to the  health and well-being of both the caregiver and the individual(s) receiving care.  Similar to the standards of Uber and Air B and B, participating parents and caregivers will conduct their own safety assessments of households and working  conditions they wish to engage in. Caregivers and parents are recommended to  engage in parent-supervised trial periods, talking via BookLilli platform internal  chat and zoom before working together. 

2.  Circumventing. By using the BookLilli platform and Service, you agree that you  shall not circumvent and shall not encourage or advise anyone else to  circumvent the purpose of this Agreement by entering into any separate  agreement regarding any childcare with any of the parties that contacted you or  you contacted on the BookLilli platform without maintaining platform membership.  A breach of this covenant not to circumvent would result in damages to the  BookLilli business including but not limited to indirect consequential damages  that would be difficult to appraise, therefore the parties agree that a breach of this  paragraph will result in the payment of liquidated damage to BookLilli in an  amount equal to three time (3X) the total amount of fees that BookLillis would  have been entitled to had the transaction occurred in accordance with this  Agreement. These damages are not a penalty and will be paid to BookLilli  immediately upon notice of circumvention. If you do not pay this fee, you  understand that you may be liable and will need to cover all of BookLilli’s legal  expenses. This paragraph shall survive termination of this Agreement for thirty six (36) months. If you would like to engage in a regularly scheduled 3 month or  longer work relationship with one of the occasional caregivers sourced through  BookLilli please email [email protected] and we are happy to help facilitate  longer term placements in close collaboration with referring agencies.  

Prohibited Uses

You may use the Site and/or Services only for lawful purposes and in accordance with  these Terms. Any other use is prohibited and constitutes unauthorized use which may  result in the deletion of your BookLilli account or a block from the Platform. 

Other Websites 

The Site may contain links to third party websites. These links are provided solely as a  convenience to you. By linking to these websites, we do not create or have an affiliation  with or sponsor such third party websites unless otherwise identified in these Terms.  The inclusion of links within our Website does not constitute any endorsement,  guarantee, warranty, or recommendation of such third party websites. BookLilli has no  control over the legal documents and privacy practices of third party websites, and by  using them, you may be giving those third parties permission to use or control your  information in ways BookLilli would not. As such, you access any third-party websites at  your own risk. 

Legal Compliance 

You agree to comply with all applicable domestic and international laws, statutes,  ordinances, and regulations regarding your use of the Site. BookLilli reserves the right  to investigate complaints or reported violations of our Terms and to take any action we  deem appropriate, including but not limited to canceling your User account, reporting  any suspected unlawful activity to law enforcement officials, regulators, or other third  parties. You agree to promptly notify BookLilli in the event that you are made aware of  any unauthorized or illegal use of the Site or Services. 

Intellectual Property

This Site and Services and all materials contained therein are the property of BookLilli  and protected by copyright, trademark, and other intellectual property laws. The  Website and the materials available on this Site are provided solely for your personal,  non-commercial use. You may not use the Site or the materials available on the Site in  any unauthorized way that infringes on our rights. 

Reliance on Information Posted 

All information on the Site, including but not limited to blog posts and tips, are on an  information-only basis. We do not warrant the accuracy, completeness, or usefulness of  this information. None of the information is professional advice or made specifically for  your family. We disclaim all liability and responsibility arising from any reliance placed  on such materials by you or any other visitor to the Site, or by anyone who may be  informed of any of its contents. 

Disclaimer of Warranties 

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE OR SERVICES/PLATFORM  IS AT YOUR SOLE RISK. THIS SITE, SERVICES/PLATFORM AND RESOURCES  THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE  BookLilli PLATFORM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,  EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. NEITHER BookLilli NOR ANY PERSON ASSOCIATED WITH  BookLilli MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE  COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR  AVAILABILITY OF THE WEBSITE. BookLilli makes no warranty that services will be  uninterrupted, secure or error-free. You understand and agree that any material and/or  data downloaded or otherwise obtained through the use of BookLilli platform or site is at  your own discretion and risk and that you will be solely responsible for any damage to 

your own computer system or loss of data that results from the download of such  material and/or data. 

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BookLilli, ITS  AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,  AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,  UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR  USE, OR INABILITY TO USE, THE SITE, THE SERVICES/PLATFORM, ANY  WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR  

SERVICES/PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,  INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT  LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,  LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED  SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER  CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR  OTHERWISE, EVEN IF FORESEEABLE. 

Indemnification and Release 

You agree to defend, indemnify and hold BookLilli, its affiliates, licensor, and service  providers, and its respective officers, directors, employees, contractors, agents,  licensors, suppliers, successors, and assigns harmless from and against any and all  damages, costs, claims, or demands, including reasonable attorneys’ fees, made by  any third party due to or arising from or relating to your use of the BookLilli Site and  Services. 

Governing Law and Jurisdiction 

These Terms will be governed by the laws of the State Rhode Island. The state and  federal courts located in Rhode Island will have exclusive jurisdiction over any case or 

controversy arising from or relating to this agreement, use of this Site, or any products  or services provided by BookLilli or disputes arising out of or relating to your use of the  Site or Services. You hereby unconditionally and irrevocably consent to the personal  and subject matter jurisdiction of the federal and state courts of the State of Rhode  Island for purposes of any claim or action arising out of or relating to these Terms. 

By accessing or using the Site and Services, you consent irrevocably to personal  jurisdiction in such courts in relation to any matter in connection with your use of this  Site or use of services provided by or products purchased from BookLilli and waive any  defense of forum non conveniens. Through your access and use of this Site, you are  deemed to have knowingly and voluntarily waived any right to a trial by jury in any case  or controversy related to these Terms, use of this Site, or any services provided by or  products purchased from BookLilli. 

Arbitration 

At BookLilli's sole discretion, it may require you to submit any disputes arising from  these Terms or use of the Site or Services, including disputes arising from or  concerning their interpretation, violation, invalidity, non-performance, or termination, to  final and binding arbitration under the Rules of Arbitration of the American Arbitration  Association applying to Rhode Island law. 

Waiver and Severability 

No waiver by BookLilli of any term or condition set out in these Terms shall be deemed  a further or continuing waiver of such term or condition or a waiver of any other term or  condition, and any failure of BookLilli to assert a right or provision under these Terms  shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent  jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be  eliminated or limited to the minimum extent such that the remaining provisions of the  Terms will continue in full force and effect. 

Entire Agreement 

The Terms and Conditions and Privacy Policy constitute the sole and entire agreement  between you and BookLilli regarding the Site and Services and supersede all prior and  contemporaneous understandings, agreements, representations, and warranties, both  written and oral, regarding the Website. 

Privacy Policy for BookLilli 

Last modified: August 2, 2024 

BookLilli helps caregivers create a digital profile calendar to share with parents for easy  and efficient scheduling and bookings. In order to serve our mission, we must collect 

personal information from caregivers and parents. With that said, BookLilli respects your  privacy and is committed to protecting it through our compliance with this policy. 

Introduction AND APPLICABILITY 

This policy describes the types of information Same Team Childcare LLC dba BookLilli  (“Company” or “We” or “Us”) may collect from you or that you may provide when you  visit the website www.myBookLilli.com (our “Website”) or use our Platform as a User (as  defined under our Terms and Conditions[A1] ) and our practices for collecting, using,  maintaining, protecting, and disclosing that information. 

This policy applies to information we collect: 

•  On this Website or the Platform. 
•  In email, text, and other electronic messages between you and this Website  and/or the Platform. 

It does not apply to information collected by: 

•  Us offline or through any other means, including on any other website  operated by Company or any third party; or 
•  Any third party, including through any application or content (including  advertising) that may link to or be accessible from or through the Website. 

Please read this policy carefully to understand our policies and practices regarding your  information and how we will treat it. If you do not agree with our policies and  practices, your choice is not to use our Website and/or the Platform. By accessing  or using this Website or the Platform, you agree to this privacy policy. This policy may  change from time to time (see Changes to our Privacy Policy below). Your continued  use of this Website or the Platform after we make changes is deemed to be acceptance  of those changes, so please check the policy periodically for updates. 

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website and  Platform, including information you directly provide to us, information we automatically  collect as described below, and information from third parties, for example, reviews  received about you by other Users. 

Information You Provide 

We collect several types of information from and about users of our Website and  Platform that you voluntary provide, including: 

•  Registration Information. When registering for our Platform, we will collect  and store the information that the User provides to us such as name, postal  address, email address, telephone number. 
•  User Link. When using the User Link (as defined under our Terms and  Conditions), we collect and store all of the additional information you provide,  which may include, pictures you chose to provide, your schedule and availability,  location, and any other information the Users chose to share with one another  while using the Platform. 
•  User Content. We collect and store all User Content (as defined under our  Terms and Conditions. Please be aware, we cannot control the actions of other  Users of the Platform with whom you may choose to share your User Content . 
•  Billing Information. Our third party payment processes will collect and store  your billing address and credit card information[A5] [SB6] [JR7] . BookLilli will  collect and store your billing address, credit card information, and billing records  and receipts of payments made.  
•  Educational and Marketing Information. You may voluntarily provide us  information such as name, email address, or other contact information, through  forms made available on our Website if you are interested in our newsletter or  other promotional information available on the Website. 

Information Provided by Others

We collect and store information that Users and other Website visitors provide about  one another. For example, reviews of Users provided by other Users, or  communications directly between Users on the Platform. 

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with our Website or Platform, we may use  automatic data collection technologies to collect certain information about your  equipment, browsing actions, and patterns, including: 

•  Details of your visits to our Website, including traffic data, location data, logs,  usage date and other communication data and the resources that you access  and use on the Website. 
•  Information about your computer and internet connection, including your IP  address, operating system, and browser type . 

Some browsers used to access the Internet may give you the option through “Do Not  Track” settings associated with such browsers to request that a website operator not  track your information across its website or other websites. We engage in such tracking  in order to optimize and/or customize our Website, detect and respond to allegations of  fraud, and to otherwise ensure the safety of our Users and visitors of our Website. While  we do not currently honor such browser requests, we will not use your information in a  manner that violates this Privacy Policy. 

The information we collect automatically is only statistical data and does not include  personal information, or we may maintain it or associate it with personal information we  collect in other ways or receive from third parties. It helps us to improve our Website  and to deliver a better and more personalized service, including by enabling us to: 

•  Estimate our audience size and usage patterns. 
•  Store information about your preferences, allowing us to customize our  Website according to your individual interests.
•  Speed up your searches. 
•  Recognize you when you return to our Website. 

The technologies we use for this automatic data collection may include: 

•  Cookies (or browser cookies). A cookie is a small file placed on the hard  drive of your computer. You may refuse to accept browser cookies by activating  the appropriate setting on your browser. However, if you select this setting you  may be unable to access certain parts of our Website. Unless you have adjusted  your browser setting so that it will refuse cookies, our system will issue cookies  when you direct your browser to our Website. For information about managing  your privacy and security settings for cookies, see. 
•  Web Beacons. Pages of our Website and our emails may contain small  electronic files known as web beacons (also referred to as clear gifs, pixel tags,  and single-pixel gifs) that permit the Company, for example, to count users who  have visited those pages or opened an email and for other related website  statistics (for example, recording the popularity of certain website content and  verifying system and server integrity). 

How We Use Your Information 

We use information that we collect about you or that you provide to us, including any  personal information: 

• To present our Website and its contents to you. 
• To provide you with information, products, or services that you request from  us. 
• To fulfill any other purpose for which you provide it. 
• To provide you with notices about your subscription, including expiration and  renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts  entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we  offer or provide though it. 
• In any other way we may describe when you provide the information.
• For any other purpose with your consent. 

Disclosure of Your Information 

We may disclose aggregated information about our users, and information that does not  identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this  privacy policy: 

• To our subsidiaries and affiliates. 
• To contractors, service providers, and other third parties we use to support  our business and who are bound by contractual obligations to keep personal  information confidential and use it only for the purposes for which we disclose it  to them. 
• To a buyer or other successor in the event of a merger, divestiture,  restructuring, reorganization, dissolution, or other sale or transfer of some or all  of the Company’s assets, whether as a going concern or as part of bankruptcy,  liquidation, or similar proceeding, in which personal information held by the  Company about our Website users is among the assets transferred. 
• For any other purpose disclosed by us when you provide the information.
• With your consent. 

We may also disclose your personal information: 

• To comply with any court order, law, or legal process, including to respond to  any government or regulatory request.
• To enforce or apply our Terms and Conditions and other agreements,  including for billing and collection purposes. 
• If we believe disclosure is necessary or appropriate to protect the rights,  property, or safety of the Company, our customers, or others. 

Choices About How We Use and Disclose Your Information 

We strive to provide you with choices regarding the personal information you provide to  us. We have created mechanisms to provide you with the following control over your  information: 

• Tracking Technologies and Advertising. You can set your browser to  refuse all or some browser cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of this site may then  be inaccessible or not function properly. 
• Promotional Offers from the Company. If you do not wish to have your  email address used by the Company to promote our own or third parties’  products or services, you can opt-out by sending us an email stating your request  to [email protected]. This opt out does not apply to information provided to  the Company as a result of a product purchase, warranty registration, product  service experience or other transactions. 

Accessing and Correcting Your Information 

Users can review and change personal information by logging into the Platform and  visiting your account profile page. 

Your State Privacy Rights 

State consumer privacy laws may provide their residents with additional rights regarding  our use of their personal information.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon,  Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents  with rights to: 

• Confirm whether we process their personal information. 
•  Access and delete certain personal information. 
•  Correct inaccuracies in their personal information, taking into account the  information's nature processing purpose (excluding Iowa and Utah).
• Data portability. 
• Opt-out of personal data processing for: 
• Targeted advertising (excluding Iowa); 
•  sales; or 
•  profiling in furtherance of decisions that produce legal or similarly significant  effects (excluding Iowa and Utah). 
•  Either limit (opt-out of) or require consent to process sensitive personal data. 

The exact scope of these rights may vary by state. To exercise any of these rights  please send an us an email stating your request to [email protected] 

Data Security 

We have implemented measures designed to secure your personal information from  accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Where we have given  you (or where you have chosen) a password for access to certain parts of our Website,  you are responsible for keeping this password confidential. We ask you not to share  your password with anyone. 

Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the  security of your personal information transmitted to our Website. Any transmission of 

personal information is at your own risk. We are not responsible for circumvention of  any privacy settings or security measures contained on the Website. 

Children Under the Age of 13 

Our Website and Platform is not intended for children under 13 years of age. No one  under age 13 may provide any personal information to the Website or on the Platform.  We do not knowingly collect personal information from children under 13. If you are  under 13, do not use or provide any information on this Website or through any of its  features, register on the Platform, or otherwise provide any information about yourself to  us, including your name, address, telephone number, or email address. If we learn we  have collected or received personal information from a child under 13 without  verification of parental consent, we will delete that information. 

Changes to Our Privacy Policy 

It is our policy to post any changes we make to our privacy policy on this page. If we  make material changes to how we treat our users’ personal information, we will notify  you by email to the email address specified in your account and/or through a notice on  the Website home page. The date the privacy policy was last revised is identified at the  top of the page. You are responsible for ensuring we have an up-to-date active and  deliverable email address for you, and for periodically visiting our Website and this  privacy policy to check for any changes. 

Monitoring of all user exchanges on the platform 

BookLilli and referring agencies reserve the right to monitor all information exchanged  between Users on the platform including by not limited to: Direct Messages (DMs),  booking information, and profile and bio information. Referring agencies or BookLilli staff may intervene and communicate to Users based on monitored information if  needed. 

Clicking Terms and Condition

The individual represents and warrants that they have the legal capacity and authority to  enter into the agreement when they click the Terms and Conditions box. Terms and  Conditions are signed one time by the first user initiating the account and apply to all  other users (additional parents, guardians) added or invited to the account by the first  account user. I have read, understood, will abide by, and agree with the Terms and  Conditions of BookLilli, LLC by clicking the box labeled “Terms and Conditions” on all  BookLilli related websites and applications. 

Contact Information 

To ask questions or comment about this privacy policy and our privacy practices,  contact us at: [email protected]